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QUIROZ v. TSOULOS

303 A.D.2d 331 (2003)

755 N.Y.S.2d 849

EDDIE QUIROZ et al., Appellants, et al., Plaintiff, v. GUS TSOULOS et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 27, 2003.

The affidavits submitted by plaintiff provide sufficient indication that the alleged agreements were reasonably certain as to their material terms to sustain plaintiffs' causes for breach of contract as against defendants' motion to dismiss for failure to state a cause of action (see Leon v Martinez, 84 N.Y.2d 83 [1994]). Dismissal of plaintiffs' negligence and/or fraud claim, however, was proper since the complaint and supporting...

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